Is Obamacare Really Unconstitutional?, 2020 University of Michigan Law School
Is Obamacare Really Unconstitutional?, Nicholas Bagley
Articles
On December 18, 2019, just 3 days after the close of open enrollment on the exchanges and on the same day the House of Representatives impeached President Donald Trump, a conservative appeals court handed the President a major victory in his crusade against the Affordable Care Act (ACA). Over a stern dissent, the U.S. Court of Appeals for the Fifth Circuit declared that the law’s individual mandate is unconstitutional and that the entire rest of the law might therefore be invalid.
Administrative Law: Whose Job Is It Anyway?, 2020 Pepperdine University
Administrative Law: Whose Job Is It Anyway?, Allison Mather
Pepperdine Law Review
This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.
The Torture Machine: Racism And Police Violence In Chicago, 2020 DePaul University
The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor
DePaul Journal for Social Justice
No abstract provided.
Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, 2020 DePaul University
Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold
DePaul Journal for Social Justice
No abstract provided.
“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, 2020 DePaul University
“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan
DePaul Journal for Social Justice
No abstract provided.
The Equal Rights Amendment In The Age Of #Metoo, 2020 DePaul University
The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow
DePaul Journal for Social Justice
No abstract provided.
"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, 2020 DePaul University
"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, 2020 DePaul University
Letter From The Editors, 2020 DePaul University
The Congressional Review Act (Cra): Frequently Asked Questions, 2020 United States Congressional Research Service
The Congressional Review Act (Cra): Frequently Asked Questions, United States Congressional Research Service
U.S. House of Representatives Documents
Summary
The Congressional Review Act (CRA) is an oversight tool that Congress may use to overturn rules issued by federal agencies. The CRA was included as part of the Small Business Regulatory Enforcement Fairness Act (SBREFA), which was signed into law on March 29, 1996. The CRA requires agencies to report on their rulemaking activities to Congress and provides Congress with a special set of procedures under which to consider legislation to overturn those rules.
Under the CRA, before a rule can take effect, an agency must submit a report to each house of Congress and the comptroller general containing …
Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, 2020 Purdue University
Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except …
Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, 2020 Elisabeth Haub School of Law at Pace University
Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle
Pace Environmental Law Review
No abstract provided.
Social Justice And Deposit Return Calculations: A Study Of Success And Failure In Commercial Law Reform, 2020 St. John's University School of Law
Social Justice And Deposit Return Calculations: A Study Of Success And Failure In Commercial Law Reform, William H. Widen
St. John's Law Review
(Excerpt)
This Article proceeds as follows: Part I describes case law which uses a “penalty” interpretation for § 2-718(2) and (3). Part II describes case law in which courts do not apply a penalty. Part III offers a penalty-free interpretation for § 2-718(2) and (3) that remains true to the statutory language. These three parts make extensive use of numerical examples and explanations. Although the presentation may seem dense in parts, an appreciation of the numbers is essential to understanding both the problem and the solution.
Part IV describes the drafting history of § 2-718(2) and (3) to support the …
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, 2020 Washington and Lee University School of Law
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Washington and Lee Law Review
This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …
Never Let A Good Crises Go To Waste, 2020 University of Connecticut School of Law
Never Let A Good Crises Go To Waste, Richard Pomp
Faculty Articles and Papers
A problem with temporary tax study commissions is that by the time their findings are released, changes in the political environment may have rendered their suggestions worthless. Permanent standing commissions are needed. The temporary crisis of the current pandemic, an opportunity for tax reform, illustrates this point.
In this article, Professor Pomp argues for the creation of a permanent state body tasked with managing tax reform. It would perform research and analysis, educate legislatures about how current law operates, initiate proposals, and draft legislation. Being permanent, such a body would be proactive enough to respond to a temporary crisis.
In …
Are Securities Laws Effective Against Climate Change? A Proposal For Targeted Climate Related Disclosure And Ghg Reduction, 2020 J.D. Candidate, Fordham University School of Law, May 2020
Are Securities Laws Effective Against Climate Change? A Proposal For Targeted Climate Related Disclosure And Ghg Reduction, Nate Chumley
Fordham Journal of Corporate & Financial Law
The New York Attorney General filed a lawsuit against Exxon Mobil on October 24, 2018, claiming the company committed securities fraud in order to prop up the value of the company by publicly disclosing a higher proxy cost—or projected future cost—of climate change regulation than the internal cost used. Following this lawsuit, a federal class action was filed utilizing the same legal theory on the same facts. These lawsuits should be viewed as part of the larger history of lawsuits against large fossil fuel companies for climate change-related harms. Public nuisance theory largely captured a set of lawsuits against these …
Global Investor Protection: Securities Law Enforcement Around The World, 2020 Fordham University School of Law
Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith
Fordham Journal of Corporate & Financial Law
No abstract provided.
Department Of Managed Health Care, 2020 University of San Diego
Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board, 2020 University of San Diego
Contractors’ State License Board, Mariela Romo, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, 2020 University of San Diego
Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.